Hubert Warner v. E. John Moreno, D.M.D.
Published: Jun. 15, 1996 | Result Date: Jan. 1, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC103575 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas F. Amato
(medical)
Thomas J. Pallasch
(medical)
Samuel L. Biggers
(medical)
August Galpin
(medical)
Defendant
Ronald S. Fishbach
(medical)
Jorgen Slots
(medical)
Facts
In October of 1990, the plaintiff, Hubert Warner, a 39-year-old a truck driver, came under the care of the defendant, E. John Moreno, D.M.D.. He presented to the defendant with severe periodontal disease. Over the next sixteen months, until February 16, 1992, Dr. Moreno treated the plaintiff on a fairly regular basis. The plaintiff presented on April 1, 1993, after a 13 1/2 month absence, with moderate pain, moderate-to-severe inflammation along the palatal areas of teeth Numbers 14 and 15, upper left molars. (The defendant also probed a 6 mm pocket.) The defendant, Dr. Moreno, prescribed Keflex 1,000 mg loading dose and, 500 mg every 6 hours for 7 days. The plaintiff was to return in one week. (Also prescribed was Darvocet for pain.) The plaintiff returned one week later, on April 8, 1993, with no complaints of pain and with a large abscess in the palatal area of teeth Numbers 14 and 15. Defendant Dr. Moreno still considered the area too diffuse for incision and drainage and decided to prescribe another 14 tablets of Keflex, to be taken as before, one very six hours, with the 14 tablets intended to last 3 1/2 days. The plaintiff was instructed to return in one week. On April 15, 1993, the plaintiff returned. On this occasion there was no notation with regard to pain nor was there any notation with regard to inflammation or abscess. Defendant Dr. Moreno performed deep root scaling under anesthesia on this occasion. No prescription for antibiotics was given. The plaintiff was to return in two weeks for evaluation. On April 26, 1993, the plaintiff presented to the dental office and was seen by the other defendant dentist in the office (settled). (April 26 was a Monday and was Dr. Moreno's day off.) On this occasion, the defendant dentist noted that the plaintiff had been in pain for about four days and noted swelling in the areas of teeth Numbers 14 and 15. The defendant dentist advised the plaintiff that, at some point in the future, extraction of the teeth in question might be necessary in order to stabilize the area; however, the plaintiff indicated that he did not wish to lose any teeth. The defendant dentist re-prescribe Keflex and also prescribed a mouth wash, Peridex. The plaintiff was instructed to return in three days on the 29th, a date previously scheduled from the April 15th visit. The plaintiff never returned. On May 4, 1993, the plaintiff was admitted to White Memorial Hospital with a diagnosis of large brain abscess in the left temporal lobe, possibly secondary to teeth abscess. On that same date, Dr. Biggers, assisted by Dr. Holly, evacuated the brain abscess that contained 60 cc of purulent material. Anaerobic culture of the material yielded 4 plus Bacteroides uniformis, 4 plus Prevotella intermedia, and 4 plus Streptococcus species. Dr. Amato, an internist, was the plaintiff's primary physician at White Memorial from May 4, 1993 until he was discharged on May 14, 1993, and transferred to Downey Community Hospital for eventual transfer to Rio Hondo Rehabilitation Hospital. During the course of the hospitalization at White Memorial, Dr. Amato called in an infectious diseases consultant, an ENT consultant. On May 7, 1993, the plaintiff informed Dr. Parrilla that he had had a severe ear infection two weeks previously and there had been puss-like material draining from his ear. Dr. Ermshar diagnosed an external ear infection with bacterial and fungal elements, although only an aerobic culture of ear material was performed. That culture revealed a fungus, Aspergillus niger. No anaerobic culture of the ear material was done. The plaintiff missed a total of three months of work as a truck driver. He was able to return to that occupation on August 1, 1993. The plaintiff brought this action against the defendant E. John Moreno, D.M.D., based on dental negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º settlement demand for $ ________. The defendant made a C.C.P. º998 offer of compromise for $ _________.
Specials in Evidence
$106,000 $8,041 $_________
Damages
The plaintiff claimed $500,000 for pain and suffering; $106,000 for the cost of past medical expenses and $8,041 for loss of earnings.
Injuries
The plaintiff alleged that the development of the brain abscess the attendant pain and suffering, residual memory loss, and inabililty to work for a period of three months was a result of Dr. Moreno's negligence. The plaintiff also alleged that he still suffers from lapses in memory and lapses in concentraion as a result of the neurosurgical evacuation of the abscess.
Other Information
The verdict was reached approximately _____ years and ______ months after the case was filed. A settlement conference/arbitration/medication was held on ___/____9___ before ______________ (name) of _______________ (affiliation or court) resulting in ________________. The defendant dentist settled prior to trial for $2,999.99.
Deliberation
1 hour
Poll
10-2
Length
10 days
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